Section 107 calls for consideration of the following four factors in evaluating a question of fair use: Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses-such as criticism, comment, news reporting, teaching, scholarship, and research -as examples of activities that may qualify as fair use. Copyright Office, Fair Use is “a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. When can you use a song, photo, or movie clip, etc., and be within the bounds of the law? And what about all those thousands of videos uploaded to YouTube and Vimeo every week? How are they able to get away with what appear to be copyrights violations?Īccording to the U.S. The laws and regulations around fair use and copyrights are among the most confusing aspects of filmmaking. That is why it is so important for production companies to have contracts in place with both clients and subcontractors with regards to the videos or photographs they create. As long as that image does not infringe on another pre-existing copyright.
Unless explicitly expressed, whoever creates an image (photo or video), owns the copyright to that image. Trademarks are predominantly for the protection of a company’s intellectual property surrounding its brands and logos.
It should not be confused with a trademark which is a form of protection geared towards words and symbols. Simply put, a copyright protects literary and artistic assets such as books, movies, videos, plays songs, photographs, etc. But it should not replace consulting an attorney with regard to your particular situation.
I provide plenty of links and references to support the information.
Disclaimer: What you’re about to read is a compendium on fair use and copyrights pertaining to film and video production.
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